Can a burglary felony murder be predicated upon entry with the intent to murder?
California, United States of America
The following excerpt is from People v. Thomas, A129842 (Cal. App. 2012):
Here, none of the other instructions explicitly told the jury that burglary felony murder could not be predicated upon entry with the intent to murder. Nevertheless, the requested instruction was arguably duplicative of other instruction in the sense that "the instructions given to the jury did not posit the applicability of the felony-murder rule upon any such theory" as unauthorized entry with the intent to kill. (People v. Sears
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